1996 (3) TMI 275 - AT - Customs

Importer's License Issue Resolved, Duties Clarified

The Tribunal upheld the Collector's decision that the import was not covered by a valid license due to a delayed shipment. It found insufficient evidence ... Import Issues:1. Validity of import license.2. Valuation of imported goods.3. Confiscation under Customs Act, 1962.Validity of Import License:The appellant imported tin plates under a specific license expiring on 31-3-1987 but the shipment arrived on 13-4-1987. The Collector held that the import was not covered by a valid license due to the delay. The Tribunal upheld this finding, noting manipulation of the bill of lading. The appellant's argument that the date of issue of the bill should be considered as the date of shipment was rejected. The Tribunal agreed with the Collector's decision that the import was not covered by a valid license due to the delayed shipment.Valuation of Imported Goods:Regarding the valuation of the imported goods, the Collector relied on contemporaneous imports at higher values than declared by the appellant. The appellant had contracted for the goods in March 1986, with more than half already imported by the time of the subject import. The Tribunal found significant differences between the subject import and the compared imports, including the timing of price fixation and the contracted quantity. The Tribunal disagreed with the Collector's reasoning that the contract terms invalidated the price, stating that there was no indication that the time of shipment was essential to the contract. It concluded that there was insufficient evidence to show that the invoice price did not reflect the normal price in international trade.Confiscation under Customs Act, 1962:The order of confiscation was challenged under Section 111 of the Customs Act, 1962. The Tribunal held that confiscation under clause (m) was not justified and could only be sustained under clause (d) of the Act. The redemption fine, based on loaded value, was reduced to 10% of the declared price as there was no justification for loading the value. The demand for differential duty was set aside, and the impugned order was modified accordingly. The appeal was dismissed based on the modifications made by the Tribunal.This judgment addresses issues related to the validity of an import license, the valuation of imported goods, and the confiscation under the Customs Act, 1962. The Tribunal upheld the Collector's decision that the import was not covered by a valid license due to a delayed shipment and found insufficient evidence to invalidate the invoice price. Additionally, the Tribunal clarified the basis for confiscation under the Customs Act and modified the redemption fine and differential duty demands accordingly.